Evans v DPP [2000] NSWSC 1005

Evans v DPP [2000] NSWSC 1005

The withdrawal of the original information was validly consented to; there was no judicial determination to support a plea of autrefois acquit or double jeopardy; no abuse of process was established; and the summons should be dismissed.

Parties
Plaintiff: Maxwell Hilton Evans; Defendant: The Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
06 November 2000
Procedural Posture
Judicial Review / Appeal / Supreme Court Review of Local Court Order; Summons
Outcome
Summons dismissed
Legal Topics
Abuse of Process, Double Jeopardy, Withdrawal of Informations, Amendment of Charges, Summary Offences, Justices Act S65, Crimes Act S527 C
Criminal Law Procedural Law Abuse of Process Double Jeopardy Withdrawal of Informations Amendment of Charges Summary Offences Justices Act S65 +1 more

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Parties

Maxwell Hilton Evans

Plaintiff

The Director of Public Prosecutions

Defendant

Procedural Posture

Judicial Review / Appeal / Supreme Court Review of Local Court Order; Summons

Legal Issues

  1. 1 Whether the magistrate erred in law by permitting amendment of an information under s 527C(1)(a) to s 527C(1)(d) Crimes Act
  2. 2 Whether the magistrate erred in giving leave to withdraw the information under s 527C(1)(a), instead of dismissing it
  3. 3 Whether the magistrate erred in not permitting a plea of autrefois acquit or not permanently staying proceedings on grounds of double jeopardy or abuse of process

Ratio Decidendi

The withdrawal of the original information was validly consented to; there was no judicial determination to support a plea of autrefois acquit or double jeopardy; no abuse of process was established; and the summons should be dismissed.

Court Disposition

Summons dismissed

Orders

  • Summons dismissed
  • Plaintiff to pay the defendant's costs of the summons